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MICHAEL SWAYZE v. STATE OF FLORIDA

Citation: Not availableDocket: 18-1631

Court: District Court of Appeal of Florida; August 23, 2018; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Michael Swayze appealed an order from the Circuit Court for the Seventeenth Judicial Circuit in Broward County, which denied his motion under Rule 3.850. The appeal was reviewed by the District Court of Appeal of Florida, Fourth District. The court affirmed the lower court's decision, with Judges Gross, May, and Kuntz concurring. The ruling is not final until any timely motion for rehearing is resolved. Swayze represented himself in the appeal, while the appellee, the State of Florida, did not require an appearance.

Legal Issues Addressed

Appellate Review

Application: The District Court of Appeal of Florida, Fourth District, reviewed and affirmed the lower court's decision denying the Rule 3.850 motion.

Reasoning: The appeal was reviewed by the District Court of Appeal of Florida, Fourth District. The court affirmed the lower court's decision.

Finality of Appellate Decisions

Application: The appellate court's decision is not considered final until any timely motion for rehearing is resolved.

Reasoning: The ruling is not final until any timely motion for rehearing is resolved.

Role of Judges in Concurring Decisions

Application: Judges Gross, May, and Kuntz all concurred in the decision to affirm the lower court's ruling.

Reasoning: The court affirmed the lower court's decision, with Judges Gross, May, and Kuntz concurring.

Rule 3.850 Proceedings

Application: The appellant, Michael Swayze, filed a motion under Rule 3.850, which was denied by the Circuit Court for the Seventeenth Judicial Circuit in Broward County.

Reasoning: Michael Swayze appealed an order from the Circuit Court for the Seventeenth Judicial Circuit in Broward County, which denied his motion under Rule 3.850.

Self-Representation in Appeals

Application: Michael Swayze represented himself in the appeal process.

Reasoning: Swayze represented himself in the appeal.

State Representation in Appeals

Application: The appellee, the State of Florida, did not require an appearance in this appeal.

Reasoning: The appellee, the State of Florida, did not require an appearance.